The Kuala Lumpur High Court today ordered Kelantan Temenggong Tengku Muhammad Fakhry Petra to explain why he should be given an extension of time to file an application to challenge the decision of the Kelantan Regent in removing him from the list of the next sovereign.

Justice Mohamad Ariff Md Yusof set Jan 27 to hear submissions on the issue of whether Tengku Muhammad Fakhry should be allowed to file the application for judicial review beyond the stipulated time of 40 days under Order 53 of the Rules of the High Court.

tengku fakhry manohara odelia pinot 260609 Tengku Muhammad Fakhry filed the judicial review application on Dec 7, 2009, after he was removed from the Kelantan Council of Succession on Sept 16.

The Regent of Kelantan, Tengku Muhammad Faris Petra, contended that Tengku Muhammad Fakhry had delayed for 82 days in filing the application but the prince claimed that he was only two days late.

He contended that the application was filed soon after he received a letter from the secretary of the Council of Succession on Oct 26 last year.

Earlier, the court ruled that in the interest of justice, the issue of extension of time must be heard on an 'inter-parte' basis where both parties should be allowed to submit on the matter.

"The court will hear by inter-parte, whether there is good ground for the application for extension of time," said Mohammad Ariff.

Second issue under trial

He also fixed Jan 27 to hear arguments from Tengku Muhammad Faris on the issue of whether the regent's prerogative on the appointment and revocation of members of the council can be justified and adjudicated by the court.

Tengku Muhammad Fakhry, 31, filed the application for judicial review to quash Tengku Muhammad Faris's decision in revoking his appointment from the membership of the Kelantan Council of Succession.

In his application, Tengku Muhammad Fakhry also seeks an order from the court to compel Tengku Muhammad Faris to restore him as a member of the council, and an order of certiorari to quash the appointment of five other members to the council.

Tengku Muhammad Fakhry, who is the third son of the Sultan of Kelantan Tuanku Ismail Petra, named the regent, the secretary of the Council of Succession and the Kelantan government as the first, second and third respondent respectively.

Five other respondents are Hashim Yusoff, Tengku Salwah Sultan Yahya Petra, Sukri Mohamed, Che Mohd Rahim Jusoh and Col. Dr Mohammad Razin Kamarulzaman.

Counsel K Shanmuga represented Tengku Muhammad Fakhry while Cecil Abraham acted for the Kelantan Regent and five other respondents. Kelantan legal advisor Azlan Abdul Halim.

- Bernama